Keeping Kids Safe in Summer Vehicles

 

As the warmer weather starts, the risk associated with leaving a child unattended in a car goes up exponentially. Statistics report that since 1990, over 600 children have died from being left unattended in hot cars.

We all live very busy lives and it is not uncommon for a parent to forget that a child was in the car. Often a change in routine, running late for a meeting or some unexpected even can throw a parent off and they simply forget a child was in the car with them. Other times, a caregiver intentionally leaves a child in the car, thinking that it “will only be for a few minutes.” Unfortunately, it does not take long for temperatures to soar to dangerous levels.

Here are some important tips that every parent should keep in mind this summer:

Never Leave a Child in a Car, No Matter How Briefly

Let’s face it, getting little ones out of a car seat for a quick trip into a store can be time consuming. However, it is never worth taking a risk! Emergency room doctors report that there is simply no safe amount of time to leave a child in a car. The car in essence becomes a greenhouse, with temperatures soaring in a very short period of time. Also, children are much more susceptible to high temperatures and run a greater risk of heat related illness than adults.

Be Aware of the Dangers

Many parents are simply not aware of the risks involved in leaving a child in a car. For example, if the outdoor temperature is just 72 degrees, the temperature inside a car can rise by 30 to 40 degrees in a single hour. A child that is subjected to these temperatures can easily suffer from heat stroke. Heat stroke occurs when the body’s temperatures reaches over 104 degrees. This can cause confusion, dizziness, heat stroke, seizures, loss of consciousness and death.

If You are a Bystander, Take Action

If you see a child in a car unattended, it is important to call 911 right away. If they are clearly in distress, get them out of the vehicle as quickly as possible.

Stay Aware

Caregivers can easily forget that a child is sleeping in the backseat of a car. According to Mark McDaniel, PhD, a psychology professor at the University of Washington at St. Louis, “the memory is faced with a challenge when it needs to remember something that you don’t do everyday, such as take your child to school.” He suggests giving yourself visual reminders, like keeping your child’s diaper bag or toys in the front seat to remind you.

 

 

 

 

 
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New York Workers’ Compensation Special Errand Rule

 

By:  Fred Peters, Esq.

Under Workers’ Compensation Law the general rule is that “the risks of travel to and from employment are not incidents of employment…”.  See NY Workers’ Compensation Handbook § 3.04[2][i].  Thus, where an employee was injured while traveling to work early for the benefit of their employer, it was held that the employee could not receive workers’ compensation benefits. Trent v. Collin S. Tuttle & Co., 20 A.D.2d 948, 249 N.Y.S.2d 140, 141 (3d Dept. 1964).

While the above is the general rule, “an exception exists for employees directed to perform a ‘special errand’ or service for their employer.” See NY Workers’ Compensation Handbook § 3.04[2][i]. Generally, this will apply if the “special errand” is the benefit of the employer.

 
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Motorcycle Accidents

 

By Brian Montalto

Having a motorcycle accident can be a very traumatic event.  If your motorcycle is deemed a total loss in an accident you will be looking to a make a claim to recover your losses.

Whether you have physical damage coverage on your policy, or you make a claim against the insurance company for the at fault party, there are some facts to know.

Many think that Kelly Blue Book is used by the insurance company to determine the value of your motorcycle; however the insurance does not use this resource.

The insurance company will determine the actual cash value (ACV), based on current market value of your motorcycle by local sales usually within a 50 mile radius.

Sometimes the ACV based on the market value is not the most accurate evaluation.

Another way to calculate the value is using an average of two values found in Redbook, and the NADA book.  The websites are www.redbook.com and www.nadaguides.com.

These sources usually reflect the most accurate evaluation.

 
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Supplemental Spousal Liability

 

by: Michael Reiner, Esq.

I know it sounds strange, but did you know that it was possible to collect money under your spouse’s auto insurance policy for personal injuries received in an auto accident where you are the passenger in a car your spouse was driving?  It’s true!  Take a look at your current auto insurance policy to see if you have supplemental spousal liability coverage.  Let me give you an example:  Assume John was driving his car with his wife Mary in the front seat.  By accident, John runs a red light and collides with another car causing Mary to suffer serious injuries.  Mary cannot sue the driver of the other vehicle because her husband was at fault for running the red light.  But under NY law, Mary cannot sue her husband either….unless John and Mary purchased supplemental spousal liability.  If so, Mary can collect from John’s insurance company.  And don’t worry Mary, your husband will not be offended; that’s why he has insurance!!

 
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What is a Loss of Consortium Claim or Can you Put a Price on Love?

 

By:  Patrick Finley, Esq.

A Loss of Consortium Claim is a legal claim which arises out of a set of facts where one spouse is seriously injured or killed by a third party.  Serious Injury is specifically defined by the NY State Legislature. The injury or death can be the result of either a negligent or intentional act of an independent third party. Meaning one spouse could not have cause the injury to the other.  The surviving spouse could then be entitled to monetary losses suffered from his or her inability to enjoy the same love, affection, attention, and companionship that he or she enjoyed prior to the incident.

The typical Loss of Consortium claim will compensate the claimant spouse for the loss or deprivation of: emotional support, sexual relations, services (helping out around the house, getting gas, painting the bedroom), love, comfort, and the typical companionship that comes from a marriage.

Loss of Consortium damages are viewed as “non economic damages.” This means that they are not a precise monetary loss and clearly these losses do not posses an exact objective cash value. How can you put a price on love? It is generally up to the judge or jury to decide the award and that decision is left within their discretion.

New York takes the view that consortium represents the spouse’s interest in the continuation of the marital relationship (but for this incident the marriage would not have ended or have been seriously limited). NY does not allow a loss of consortium recovery if the incident took place prior to the marriage, therefore unmarried couples would not be allowed to recover under a similar set of facts as a married couples.

 
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Alabama becomes 37th State to ban texting while driving

 

By:  Matt Connolly, Esq.

In a press release issued by the National Highway Traffic Safety Administration, it was reported that US Transportation Secretary Ray LaHood applauded Alabama for passing legislation banning texting while driving. This passing of this law makes Alabama the 37th State in the US to ban texting while driving. Secretary LaHood stated that  “With Governor Bentley’s signature, now more than three-quarters of all states outlaw one of the riskiest behaviors behind the wheel – texting and driving,” said Secretary LaHood. “Alabama roads and motorists will be safer as a result of this law, which reminds everyone that we cannot ignore the potentially life-altering dangers associated with text messaging and driving.”. For the full story go here.

 
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SSD – Seven Costly Mistakes …

 

Steven Schwartzapfel has authored a book 7 Costly Mistakes that can Ruin Your Social Security Disability Claim.

To get your free copy, call us toll-free at: 1-800-966-4999.

Attorney Advertising, Prior Results Do Not Guarantee a Future Outcome.

 
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Claimant Information Packet

 

By: Fred Peters, Esq.

The New York Workers’ Compensation Board provides the injured employer with an information packet regarding the workers’ compensation process.  The packet can be found at the Workers’ Compensation Website or here.

 
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Subrogation

 

By Brian Montalto

Subrogation.  What does it mean?  It’s a term the insurance company uses in where it looks to collect monies owed from a negligent party that was paid to their insured.

New York State is governed by comparative negligence law when there is an auto accident.  In cases where the investigation may deem you to be 50% liable, it is usually best to use your own collision coverage for damages to your vehicle, than to make a direct third party claim against the other vehicle.

For example, if the damages to your vehicle are $5000.00, you would get paid 50% of your damages by the adverse insurance company which would be $2500.00

If you use your own collision and you have a $500 deductible, you can get your vehicle repaired by your own insurance company and pay the deductible.  Once your insurance company makes a subrogation claim, you will be refunded 50% of your deductible, which would be $250.  That’s and significant difference in out of pocket losses, and your vehicle gets repaired timely by using your own collision coverage insurance.

 
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Liability Exemptions for Emergency Vehicles

 

By: Mike Reiner

Have you ever been injured as a result of an accident with an emergency vehicle?  You probably wonder what rights you may have.  In New York, the Vehicle and Traffic Law provides certain exemptions for emergency vehicles from liability for personal injury.  Emergency vehicles such as police vehicles, ambulances, and fire vehicles are generally exempt from liability when involved in an emergency operation.  The courts have generously expanded the definition of emergency operation over the years to shield emergency vehicles from liability.  In judging the conduct of the emergency vehicle operator, courts have held that liability will attach only if proven that the operator showed a “reckless disregard for the safety of others.”

 
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